The Veteran's appeal for a compensable rating for bilateral hearing loss prior to April 10, 2018, and in excess of 20 percent thereafter is dismissed. The claim for service connection for a right foot condition and a left foot condition was previously denied by a January 2009 rating decision; the Veteran did not appeal the decision and documentation constituting new and material evidence was not actually or constructively received within the one-year appeal period. New and material evidence having been received, reopening of the claim for service connection for a bilateral foot disability is granted. The issues of entitlement to an evaluation in excess of 10 percent for coronary artery disease (previously ischemic heart disease) and total disability evaluation based on individual unemployability due to service-connected disabilities are remanded.
The deciding factor: The Veteran's appeal was dismissed as he withdrew his claim for a compensable rating for bilateral hearing loss prior to April 10, 2018, and in excess of 20 percent thereafter. The January 2009 rating decision denying service connection for a right foot condition and a left foot condition is final. New and material evidence having been received, the claim for service connection for a bilateral foot disability was reopened.
- Claimed conditions
- bilateral hearing loss, right foot condition, left foot condition, peripheral neuropathy of bilateral lower extremities, coronary artery disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2019
- Citation
- 19157621
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19157621.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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